E3 Visa – Can I Stay in the US For Up to 2 Years?

american josh e3 visa

E3 visa holders can stay in the US for up to two years and may renew indefinitely, with their dependent spouses and children allowed along.

If you reside outside the US, applying for an E3 visa through a consulate is usually faster than filing for a change of status within its borders.

How do I get an e3 visa?

The E-3 visa provides Australian citizens looking to work in the United States an excellent opportunity. Before you apply, however, it is crucial that you fully comprehend its structure and requirements to avoid any complications or delays with your application process.

First, submit all the required documents. These include Form ETA 9035 and your job offer letter from US employers; as well as providing your prevailing wage information. Secondly, schedule an interview at an American Embassy or Consulate.

At your interview, an officer will assess both your qualifications and work experience as well as your nonimmigrant intent; if they determine that you plan to live permanently in the US, your visa could be denied.

Preparing thoroughly for an interview is essential to answering all questions posed by an officer, while remembering that your E-3 visa only permits working for the company listed there; any freelance work or side jobs would violate its terms.

What are the requirements?

E3 visas offer a much easier and quicker application process than their H1B counterpart. No petition or fees need to be filed with USCIS; in fact, their approval rate tends to be much higher; they also enable easy transition between employers while staying in the United States thereby eliminating costly international airfare costs.

The primary requirement is an offer of employment from an American employer in a specialized occupation requiring at least a bachelor’s degree or equivalent experience, along with an acceptable salary offered by them.

Before applying for a visa, candidates are advised to collect several essential documents, such as a copy of their job offer letter, Form ETA 9035 (Labor Condition Application), academic credentials and FLCDataCenter or ONetOnline listings of occupations meeting specialty occupation criteria and degrees that fulfill education criteria. Once they book their appointment they will receive specific instructions as to what can and cannot be brought into consulate as well as other pertinent details.

Do I need a job offer?

Answering this question can be somewhat subjective and dependent upon the job at hand, but generally speaking a US employer must provide E3 visa applicants with an employment letter confirming a qualifying position at prevailing wage and also demonstrate they have obtained approval from the Department of Labor for labor certification purposes.

At your visa interview, the US consular officer will evaluate both your job offer and educational qualifications. Be honest and come prepared when answering their questions!

As well as your letter of employment, you must submit copies of your passport and valid visa stamp for review. In addition to that, a completed nonimmigrant visa application (DS-160), as well as evidence of academic or professional credentials that you wish to use to establish eligibility are also needed. Likewise, family members seeking entry onto an E-3 visa will also require passport copies, marriage certificates and birth certificates as proof.

Can I change my employer without leaving the country?

Although USCIS now permits E3 visa holders to switch employers without leaving the country first, doing so does not come easily. Your new company must file an I-129 for you before 60 days from your last day of employment with your current one has lapsed; otherwise you will not be allowed to travel internationally and reenter until an approved I-129 form has been submitted on your behalf.

As your employer will soon find out, when discussing visas it’s best to come clean versus dodging questions or giving false answers – they could quickly become testy if you try and hide this topic from them. Finally, read your contracts thoroughly so you’re aware when to give notice and when traveling out of the USA will occur.

Can I transfer my e3 visa to a new employer?

The E3 visa is nonimmigrant, which means you do not need to prove any intention of remaining permanently in the US. Therefore, it can be an ideal solution for Australian citizens looking for temporary work opportunities in America; however, like many visas it does impose certain restrictions and obligations on its holders.

Example: It is prohibited for E3 visa holders to pursue side jobs or freelance work outside the scope of authorized activities while on this visa, as this constitutes illegal employment that could lead to visa termination. Furthermore, spouses of E3 holders can only work if approved by USCIS.

To switch employers, the original visa holder must file an I-129 petition with USCIS and wait up to two months before hearing back from them; due to greater scrutiny than consulate applications, it’s always wise to consult a visa attorney first before starting this process. Once complete, however, your E3 visa may be transferred as long as all requirements have been fulfilled.